Global Warming – EPA Issues HFC Enforcement Alert

The U.S. Environmental Protection Agency today issued an Enforcement Alert about its work under the American Innovation and Manufacturing Act (AIM Act) to phase down production and consumption of hydrofluorocarbons (HFCs). HFCs are super polluting greenhouse gases with a global warming potential that can be hundreds to thousands of times greater than carbon dioxide that are commonly used in refrigeration, air conditioning, and other sectors. EPA’s efforts under the AIM Act are part of a global HFC phase-down that when fully implemented, is expected to reduce global warming by up to 0.5 degrees Celsius.

“After another summer of record-breaking heat, the urgency of the climate crisis continues to accelerate. The Biden-Harris administration is committed to meeting our goals to phase-down HFCs, which contribute dramatically to near-term climate change, so that our children and grandchildren can have a sustainable future,” said Assistant Administrator David M. Uhlmann, of EPA’s Office of Enforcement and Compliance Assurance.

“EPA and its law enforcement partners will police our borders and ports to halt HFC smuggling to protect our nation from the harmful effects of climate super pollutants,” said Ulmann.”

The AIM Act of 2020 mandates an 85% phase-down of HFCs from historic baseline levels by the year 2036 and authorizes the EPA:

  • To place limits on production and consumption (including imports),
  • Ease the transition to next-generation technologies,
  • Minimize releases from equipment using HFCs while maximizing the re-use of existing HFCs.

EPA said its enforcement office ensures the HFC phase-down rules are being followed and works to maintain a level playing field for regulated companies. The alert highlights EPA’s recent pursuit of entities that sought to unlawfully import HFCs without the required allowances, submitted false or misleading information, or failed to report required information under the AIM Act.

The United States is committed to its obligations under the Kigali Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer. The AIM Act was passed by Congress to implement the U.S. commitments to the Kigali Amendment that the U.S. officially ratified in October 2022.

Thus far during fiscal year 2024, EPA has completed nine civil settlements to resolve claims of unlawful imports of HFCs. The most recent settlements were against five companies – Clean Venture, Inc., HVAC Services, Liferafts Incorporated of Puerto Rico, Little Leaf Farms, LLC, and Parker Engineering and Mechanical, Inc. Each of these companies imported HFCs without allowances in violation of the AIM Act. If released into the atmosphere, the combined HFCs prevented from these cases are equivalent to over 24 thousand metric tons of CO2, or about the same amount of CO2 produced from powering more than14 thousand homes with electricity for a year. The companies will pay a combined total of $115,551 in civil penalties to resolve the alleged violations. In addition, criminal enforcement actions have also been taken in fiscal year 2024.

If you suspect someone is illegally importing HFCs, tell EPA at its Report Environmental Violations webpage. Information you submit will be forwarded to EPA environmental enforcement personnel or to the appropriate regulatory authority.

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